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Sushil Kumar Bhatia (Advocate)     11 January 2009

right of property.

        Father seperated his married son in his life time due to strain relation and declared in news papers about no connection with his son and father is not liable for any act of his son  and given no right in his property father died he left his own acquired flat in Delhi and other properties he left behind his wife ,one married daughter and seperated son.Whether seperated son can claim his right and share in the property left by the deceased being successor .


 7 Replies

D.V.RamaKrishna (Advocate)     12 January 2009

Giving of Statements in newspapers about strained relations and about severing of connections with son without executing any will does not debar the eligibility of the son having a share in the self-acquired property of his father.

Sushil Kumar Bhatia (Advocate)     12 January 2009

whether declaration in news paper can not be presumed as Will

AEJAZ AHMED (Legal Consultant/Lawyer)     12 January 2009


Dear Mr. Bhatia,

May I know the relegion of the Parties in question, becuase the situation for claim by legal heirs, legality of wills varies in case of relegion also. 

sanjay singh thakur (advocate)     12 January 2009

Presuming the dispute in question pertaining to Hindu it can be said that though the News paper evidence is not considered very reliable in every legal disputes but in this case if it can be established that such a piece of news was published at the behest of deceased than it will definitely weigh high. Moreover, so far the self earned property of deceased father is concerned, in the present facts and circumstances paper cutting if proved true than it will go against the interest of separated son. This is because the news published do signifies intention of the father to debar his son from the right that may accrue to him on account of being son.

Sushil Kumar Bhatia (Advocate)     12 January 2009

Mr Aejaz and Mr.Sanjay singh,

                        The dispute related to Hindu family,The deceased father had arraged to publish the declaration in National news paper The receipt and news papers are in possession of the wife .seperated son after death occupied ground floor  with his family and staying in the disputed flat the son had also done  last cremation of the father

Anil Agrawal (Retired)     13 March 2009

 How will it be proved that the ad was indeed given by the late father?

Swami Sadashiva Brahmendra Sar (Nil)     14 March 2009

no. there is no provision about presumed will. a will must be signed and signature shall be so placed  that it shall appear that it was intended therebyto give effect to the writing as a will further it must be attested by two or more witnesses.

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